R. v. Engler (M.), (2015) 615 A.R. 232 (PC)

• Judge: Rosborough, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: August 11, 2014
• Citations: (2015), 615 A.R. 232 (PC);2015 ABPC 105

R. v. Engler (M.) (2015), 615 A.R. 232 (PC)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. MY.074

Her Majesty the Queen v. Mitchell Engler (131333890P1; 2015 ABPC 105)

Indexed As: R. v. Engler (M.)

Alberta Provincial Court

Rosborough, P.C.J.

April 22, 2015.

Summary:

The accused was charged under s. 259(4) of the Criminal Code with driving while disqualified. The Crown tendered a "Certificate of Disqualification" by the Registrar of Motor Vehicle Services to prove that the accused was disqualified from driving at the time. The Crown had not given the accused seven days' notice in writing of its intention to tender the certificate in evidence, as required by s. 259(5). The accused argued that non-compliance with s. 259(5) rendered the Certificate inadmissible. However, s. 5(2) of the Alberta Highway Traffic Act provided that a Certificate of Disqualification was admissible without being conditional upon providing the accused with written notice of the Crown's intention to introduce it in evidence.

The Alberta Provincial Court held that it was bound by the decision in R. v. Richardson (1980), 26 A.R. 558 (C.A.) to rule the Certificate inadmissible for non-compliance with s. 259(5), even if the Richardson decision was no longer authoritative.

Courts - Topic 126

Stare decisis - Authority of judicial decisions - Courts of superior jurisdiction - Decisions binding on provincial courts - See paragraphs 4 to 27.

Evidence - Topic 1687

Hearsay rule - Hearsay rule exceptions and exclusions - Official statements - Certificates - Notice of intention to offer - See paragraphs 4 to 27.

Evidence - Topic 1693

Hearsay rule - Exceptions and exclusions - Official statements - Certificates - Admission of - General - See paragraphs 4 to 27.

Motor Vehicles - Topic 7224

Licensing and regulation of drivers - Licence - Suspension of - Certificate - Admissibility - See paragraphs 4 to 27.

Counsel:

W. Silliker, for the Crown;

J. Kwok, for the accused.

This matter was heard on August 11, 2014, at Wetaskiwin, Alberta, before Rosborough, P.C.J., of the Alberta Provincial Court, who delivered the following judgment on April 22, 2015.